HEMS helicopters for two (2) new bases in Finland - dry lease of helicopters, maintenance and training

FinnHEMS Oy is 100% owned by the State of Finland. FinnHEMS is a non-profit organisation for providing the helicopter emergency medical services (“HEMS”), helicopter bases and related infrastructure and processes for the University Hospital Districts. This contract notice concerns FinnHEMS Oy and its subsidiary FinnHEMS Flight Services Ltd. (FinnHEMS Lentopalvelut Oy). FinnHEMS Oy is setting this contract notice to find the best solution for HEMS services for two (2) new bases in Finland. The final RFQ will not be set until the negotiation period is completed and the optimal solution is defined. According to the FinnHEMS evaluation the nature of the purchase shall be a cross-border supply of goods involving the acquisition of services. The procurement shall comply with EU Public Procurement Act (1397/2016). The procedure is competitive negotiation procedure, since due to the nature of the contract, the invitation to tender cannot be drawn up so precisely that the best offer could be selected without negotiation period. The preliminary schedule for entering to the intended contract is: - Notice of contract April 2021 - Requests to participate April 2021 - Selection of the tenderer(s) May 2021 - Negotiation period May 2021 - Final RFQ will be set June 2021 - Final quotations will be set August 2021 - Evaluation of quotations and procurement decision on the awarded candidate September 2021 - Contract signatures October 2021

The suspension of the procurement Reasons for suspension According to the Act on Public Procurement and Concession Contracts (L1397/2016) Section 125, a public procurement procedure may be suspended only for real and justifiable reasons. Section 123 on decision related to the procurement is applied to the decision suspending procurement. According to Finnish case law and academic literature real and justifiable reasons are for example following: The circumstances of the procurement have changed (inter alia KHO 2015 T 861, KHO 2015 T 875). In this procurement the reasons for suspension are: 1) The starting dates of operations between the two bases will be longer than assumed and that will not allow reasonable competitive position for all tenderers in terms of equipment (helicopters, Lot1). 2) During the negotiations has risen the need to re-evaluate the procurement criteria and mandatory requirements for equipment set out in the invitation to participate. Changes in the procurement object criteria and mandatory requirements for the equipment may rise other candidates' interest in the procurement. 3) The Lot2 and the Lot3 are dependent on the Lot1. Because the procurement object criteria and mandatory requirements for the Lot1 are going to change, it is not possible to keep the Lot2 (maintenance) and the Lot3 (type training) as they are. Based on the legislation stipulated above, there is a justifiable reason for the suspension of the procurement. Suspending the procurement does not discriminate any candidate. The decision For the reasons stated above, the contracting authority considers that the reasons for the suspension of the procurement are real and legitimate. FinnHEMS Oy (the contracting authority) decides to suspend the procurement procedure of the HEMS helicopters for two (2) new bases in Finland - dry lease of helicopters, maintenance and training. FinnHEMS Oy will start the preparation of the new procurement as soon as possible.